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| TODAY'S TOP DEVELOPMENTS |
Wednesday, December 3, 2014 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Commercial General Liability
New York's Highest Court Rules that "Noncumulation Clause" Limited Insurer's Maximum Total Liability in Lead Paint Case to One Policy Limit
New York's highest court, the New York Court of Appeals, has ruled, in a case where members of different families alleged that they had been successively exposed to lead paint in the same apartment, that a "noncumulation clause" in a liability insurance policy that had been issued to the landlord limited the insurer's maximum total liability to only one policy limit. Read More
Superstorm Sandy
In Superstorm Sandy Case, Federal Court Awards Counsel Fees to Insured's Pro Bono Lawyers for Insurer's Improper Removal of Insured's State Court Suit
A federal district court in New York has awarded attorneys' fees to pro bono counsel representing a policyholder whose home allegedly had suffered damage from a backed-up sewer during Superstorm Sandy after finding that the insurer had improperly removed the policyholder's lawsuit from state court. Read More
Automobile Insurance
New York Court Limits "Prevailing Fee" in No-Fault Action
In an action seeking reimbursement for assigned no-fault benefits, a New York court has ruled that an insurance company complied with its obligation to pay the "prevailing fee in the geographic location of the provider" when it reimbursed the assignee, a health care provider, for services it rendered in another state in accordance with that state's no-fault fee schedule. Read More
Health Insurance
Appeals Court Upholds Decertification of Class Challenging Hospital Charges to Uninsured Patients
An appellate court in California has affirmed a trial court's decision decertifying a class of about 120,000 uninsured patients who alleged that they had been charged more than insured or Medicare-covered patients, finding that the class was "not reasonably ascertainable" and that the class "lacked predominantly common issues." Read More |
View All Case Law Developments |
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Life Insurance
Symetra Life Reaches $1.2 Million Multi-State Life Claim Settlement Agreement
In the second such settlement in recent weeks, Symetra Life Insurance Company and Symetra National Life Insurance Company have agreed to a $1.2 million life claim settlement agreement with eight state insurance regulators. Read More
Terrorism Risk Insurance
TRIA: Where Is It Now?
The Terrorism Risk Insurance Act is scheduled to expire on December 31, 2014. What is likely to happen? Read More
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View All Legislative/Regulatory Developments |
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| ACE Westchester Extends Its Product Recall Insurance to Small Businesses Read More |
Markel Corporation Names Britt Glisson Global Insurance Division President Read More |
Allied World North America Launches Comprehensive Privacy and Network Security Insurance for the Canadian Market Read More |
Aviva and Friends Life to Merge in $8.8 Billion Deal Read More |
Solely African-Focused Reinsurer One Re Authorized by U.K. Regulators Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire October/November Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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| FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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